Sandyz Confezioni S.P.A, an Italy based company, filed for the registration of the trademark letters ‘ST’, which appears to be a geometrical device in respect of articles of ‘sport clothing’. TELCO, in response to the application advertised in the Trade Marks Journal, filed a notice of opposition to protest the registration of the impugned mark on the ground that they were proprietors of various trademarks consisting of the letter "T" as its essential feature and that their application for registration of "T" marks were still pending and that the said trade mark had come to be identified and associated with them.
Sandyz Confezioni’s mark was said to be deceptively similar to that of TELCO’. The registration of the impugned mark was stated to be contrary to the registration under Sections 9,11, 12(1), 18(1) and Rule 44(b) of the Trade and Merchandise Marks Act, 1958. Sandyz Confezioni refuted these arguments stating that the ‘ST’ trademark had been registered in various parts of the
